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Gabriel Aubry

ARRESTED

After Brutal Brawl at Halle's

11/23/2012 9:00 AM PST UPDATED: 11/22/2012 6:33 PM PST BY TMZ STAFF
EXCLUSIVE

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6:33 PM PT
-- Gabriel has been released from custody.

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5:55 PM PT -- Gabriel has been booked for misdemeanor battery. According to his booking sheet, he's listed as 6'2" and 180 pounds. He's still in custody and his bail has been set at $20,000.

5:30 PM PT
-- Sources tell TMZ ... when Gabriel and Olivier started going at it, Halle rushed Nahla inside the house so she missed the brutality.

3:35 PM PT
-- Gabriel has been released from the hospital and is currently at an L.A. jail where he is being booked. Olivier has also left the hospital and has returned to Halle's home.

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Gabriel Aubry
was arrested Thanksgiving morning after a melee at Halle Berry's house, which sent both Gabriel and Halle's fiance Olivier Martinez to the hospital ... TMZ has learned.

Law enforcement sources tell TMZ ... Gabriel showed up to Halle's house with Nahla for a custodial hand-off. We're told Gabriel was still in the motor court (a rich person's word for a giant driveway) when Olivier walked up to him and said, "We have to move on." 

According to witnesses, Gabriel then pushed Olivier and threw a punch at his face, but Olivier blocked it and the punch struck him in the shoulder instead. We're told Gabriel then pushed Olivier to the ground, and Olivier cold-cocked him in the face, and a struggle ensued, ending with Olivier pinning Gabriel to the ground.

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In the struggle, Gabriel suffered a broken rib, contusions on his face, and possibly a more serious head injury. Olivier may have broken his hand and suffered neck injuries as well. There are conflicting accounts as to whether Gabriel was rendered unconscious in the fight.

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Police were called and Olivier made a citizen's arrest for battery against Gabriel. Gabriel was escorted to the ER and, ironically, Olivier went to the same ER an hour later. The two were just down the hall from each other.

Law enforcement sources tell TMZ ... a judge has issued an emergency protective order, which requires Gabriel to stay 100 yards away from Halle, Olivier, and Nahla.

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And finally, there's this ... specifics about the argument between Gabriel and Olivier are sketchy because they were trash talking each other in French.

It's pretty shocking -- considering Gabriel was out with Nahla just last night for a movie date at the Grove.



1012 COMMENTS

No Avatar
61.

messygirl    

Idiotic boys. What do they think Nahla is going to think about this? Halle Berry has TERRIBLE taste in men. She picks gorgeous men, but with terrible personalities. No wonder she is always heartbroken.

699 days ago
62.

hi    

Putin de merde

699 days ago
63.

Mia    

There is not doubt in my mind that this is a set up. Halle Berry should be in a mental institution and if Olivier had half a brain, he would be running. This woman is hell bent on taking that child away from her father.

699 days ago
64.

Danielle    

I think we shuold start a boycott of Revlon until they get rid of Halle, and also boycott all movies she is in.

699 days ago
65.

AmyG    

Guess Halle will get her wish to move to France now...this will pave the road for endless supervised visitation and a long, never ending court drama in which Halle will claim she and Nalah are only safe in France..I would just bet that eventually- she will get her wish..

699 days ago
66.

Dean    

We all know Halle was angry about the lose and Oliver pissed because he wants to live in France . Gabriel won't forget what he had to go through because of the Nanny which was spying on him . Why would he start a fight out of nowhere ? I believe Halle was yelling around blaming him for her to have to share her daughter and when he yelled back Oliver started to push him . I wouldn't be surprised if Oliver wanted to kick him out of the house and started the fight while Gabriel defened himself .

699 days ago
67.

acm    

Such a mess. Gabriel started something he couldn't finish. What a loser!!!

699 days ago
68.

jklfarm    

Halle Berry is CRAZY! This is well do***ented. She lost the court case to move her daughter to France and now had her fiance instigate aggressive behavior towards Gabriel to cause a negative issue. I feel sorry the Gabriel, he just wants to be a father to his daughter. Crazy broad....

699 days ago
69.

RATTLESNAKE     

really sux for that little girl, the adults are all so selfish makes you sick !

699 days ago
70.

dd    

HA! Happy Thanksgiving...poor Nahla, I think visitation is OVER for daddy!

699 days ago
71.

Whome?    

A lot of "witness" accounts considering it went down on Halle's private residence. Fat Mike had to be on the case. C'mon. He was able to get sources from Buckingham palace. On don't get me started on his sharp coverage of the kardashians.

699 days ago
72.

Queen Karma    

Who is Garbiel Aubry's lawyer?
Does Gabriel Aubry have any friends?
Common sense of his own?
Score a big 10 here for Halle because she is going to the judge tomorrow to ban and strip Aubry of his rights to see his child.
She won't win, but it is bad for him.
He needs to simply never see, look, don't even look at Halle Berry in a magazine.
Have a friend come with him or the child's nanny to bring and drop off the child to her mother. Have the nanny or friend escort the child to the front door.
Better yet, just have an atty and nanny escort the child to and from. School functions, sit and arrive onn the other side of the place.
Period.
he ahd won a good round last week in that she cannot take the kid to Franch to live. Halle WANTS her child to not have a loving father because she did not have one.
Let it go. Her go.
It is going to be so funny how Olivier Martinez is going to get HalleBerrized in a few years. The common factor in her relationships is her. She has had bad things end and messy breakups in all her realtionships and it is always the guy. Hmmm...
Also, Oliver Martinez needed not see or talk or look at Aubry. That is NOT his child. THe nanny, housekeeper should have recieved the child.
Now, aubry has to stay away from by 10 ft. of the halle, oliver, and his child....so how is he supposed to see, visit with his child 100 ft. away from her.

This guy has looks, brawn, no brain. Where did he get his atty's from? Did they finish from univ. online, tv commerical univ?LOL!!!

699 days ago
73.

Tryst    

You know, it's easy to point a finger at Gabriel as the wronged father. But I think there's more than one side to this story. He has do***ented violence, even been to court for it.. and yes the court allegations involved his little girl.

In the beginning of all this drama, both parties were friendly, working things out. The ensuing issues I believe became about control. When Halle worked, where Halle worked, his not wanting to travel to see his daughter even if she was paying for it, and so forth. If I'm not mistaken, he wanted child support even though he's not the primary caretaker. I believe that there have been reports that violence was a factor in the breakup.

The incidents and demands have increased a great deal, from what I've seen, since her involvement with Olivier, a fellow Frenchman. I dont know if you have male French relatives, but I do. I can tell you that in my family, it's a helluva lot of machismo and chest thumping.

I believe that the French laws regarding domestic violence, which tend to be far stricter, may be a motivating factor on the move as well.

It's very easy to point a finger at Ms Berry and say she's witholding rights from him regarding their daughter. Remember, he was returning her from his visitation, not being denied access to her upon arrival. If it were me and an ex started a physical fight in my home, with my young daughter present.. on a holiday such as Thanksgiving no less, I'd do everything in my power to have his access denied til he could get evaluated, have anger management treatment and all visits monitored after that. Especially with the allegations of violence involving that child previously.

699 days ago
74.

Beth    

Seems that Halle needs to keep her guy in line. If he had kept his mouth shut and not answered the door this would not happen. Why isn't he staying out of it. The child deserves to have a relationship with her FATHER-and Halle seems to be instigating this. All these adults need to grow up!!

699 days ago
75.

karlew    

That stupid french prick needs to learn to shut his fawking homely hole. He had absolutely no reason to come out and run his mouth at Aubry. I'm sure he did it so Aubry would take the bait and he and his psycho bitch can move their slimey smelly asses to France.

699 days ago
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